Limitująca funkcja zasady zrównoważonego rozwoju

Abstract

The concept of sustainable development, created in the second half of the twentieth century, as a response to the growing environmental crisis and inequalities between the countries of the so-called North and South, was incorporated into the Polish legal system as one of the main principles of political system and environmental protection law. Despite the primary ratio of incorporation of the sustainable development principle, which was i.a. limitation of the most environmentally harmful aspects of human activities, in the theory and practice of law, it rather serves as a justification for the realization of projects that may have a significant negative impact on the environment, despite the arguments speaking against in the field of environmental protection, and its function is marginalized. It seems that this interpretation is not correct. According to the law in force, in the time of the climate crisis, the emphasis should be put mainly on the limiting function of the sustainable development principle, and the limits in which the human activity should be realized have been set in it and can be objectively, scientifically determined. These limits are determined by maintaining natural balance and persistence of the basic natural processes necessary for the society to function in a wider time perspective. Recognition that the principle of sustainable development should predominantly limit human activity and strengthen the principles of environmental protection could contribute to preventing the worst effects of the climate crisis, by refraining from executing investments that would make it impossible to stop global warming at 1.5°C.